Episode Title
Decreto Flussi and Seasonal Work: When Administrative Errors Cannot Be Shifted onto the Migrant Good morning, I am Attorney Fabio Loscerbo, and this is a new episode of the podcast Immigration Law. In today’s episode, we examine a decision that deserves close attention because it clearly defines the limits of administrative simplifications in the context of the decreto flussi and seasonal work, and above all because it precisely identifies who must bear the consequences of errors made by the Public Administration. The reference is to a judgment issued by the Regional Administrative Court of Apulia, Third Section, published on December 24, 2025, concerning case number 1336 of the 2023 general register, decided at the hearing of November 26, 2025. The case concerns non-EU citizens who legally entered Italy with a visa for seasonal subordinate employment under the 2021 decreto flussi. Their entry took place under the simplified procedures introduced by Article 42 of Decree-Law No. 73 of June 21, 2022, a provision designed to speed up procedures by allowing the issuance of the work authorization even before the full verification of all disqualifying conditions, subject to possible revocation if negative elements subsequently emerge. This is precisely where the dispute arises. After some time, the Prefecture revoked the work authorizations and, consequently, denied the residence permits, claiming that the entry had occurred due to an IT error and in excess of the quotas set by the decreto flussi. In other words, the Administration acknowledged that the workers had entered Italy lawfully, but then attempted to remedy its own mistake by transferring its effects onto the foreign nationals. The Court firmly rejects this approach. It affirms a fundamental principle: the verification of quota availability must take place ex ante, not ex post. It is neither logically nor legally consistent to allow foreign workers to enter the country and later deny them a residence permit because of an error attributable solely to the Administration itself. The judgment also clarifies another point that is often misunderstood in administrative practice. In the context of seasonal work, there is no provision for the so-called “residence permit while awaiting employment.” This type of permit is expressly excluded by law, and administrative case law has long been consistent on this matter. On this point, therefore, there is no room for expansive or creative interpretations. However, precisely because the entry occurred lawfully and at the initiative of the Administration, the Court holds that the error cannot result in a complete denial of protection. For this reason, it partially upholds the appeal by ordering the issuance of a seasonal residence permit valid “now for then,” even though the maximum nine-month period provided by law has already elapsed. This is a legally significant step. The “now for then” permit is not intended to stabilize the foreigner’s stay or to convert seasonal work into another status. Its purpose is to correctly reconstruct the individual’s legal position, formally remedy a situation distorted by administrative action, and preserve a residual legal interest that may be relevant in future administrative procedures. The message that emerges is clear and, in many respects, rooted in a traditional legal approach: administrative simplifications do not suspend the rules. When the State decides to anticipate the entry of foreign workers for economic and productive reasons, it must fully assume responsibility for its own mistakes. The migrant cannot be made to pay the price for poor organization or inadequate administrative investigation. Immigration law, even in its most technical areas such as seasonal employment, remains serious administrative law. It is grounded in legality, coherence, and responsibility. Without these elements, the system loses credibility and generates unnecessary litigation. I am Attorney Fabio Loscerbo, and this was a new episode of the podcast Immigration Law. Until next time.
Questo episodio include contenuti generati dall’IA.